(1) Subject to the provisions of section 8, the State Government may, by rules–
(a) permit and regulate–
(i) the possession, transport, import inter-State, export inter-State, warehousing, sale, purchase, consumption and use of poppy straw 1[except poppy straw produced from plants from which no juice has been extracted through lancing;]
(ii) the possession, transport, import inter-State, export inter-State, sale, purchase, consumption and use of opium;
(iii) the cultivation of any cannabis plant, production, manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption or use of cannabis (excluding charas);
(iv) the manufacture of medicinal opium or any preparation containing any manufactured drug from materials which the maker is lawfully entitled to possess;
(v) the possession, transport, purchase, sale, import inter-State, export inter-State, use or consumption of 2[manufactured drugs (other than prepared opium and essential narcotic drugs)] and of coca leaf and any preparation containing any manufactured drug;
(vi) the manufacture and possession of prepared opium from opium lawfully possessed by an addict registered with the State Government on medical advice for his personal consumption:
Provided that save in so far as may be expressly provided in the rules made under sub-clauses (iv) and (v), nothing in section 8 shall apply to the import inter-State, export inter-State, transport, possession, purchase, sale, use or consumption of manufactured drugs which are the property and in the possession of the Government:
Provided further that such drugs as are referred to in the preceding proviso shall not be sold or otherwise delivered to any person who, under the rules made by the State Government under the aforesaid sub-clauses, is not entitled to their possession;
(b) prescribe any other matter requisite to render effective the control of the State Government over any of the matters specified in clause (a).
(2) In particular and without prejudice to the generality of the foregoing power, such rules may–
(a) empower the State Government to declare any place to be a warehouse wherein it shall be the duty of the owners to deposit all such poppy straw as is legally imported inter-State and is intended for export inter-State or export from India; to regulate the safe custody of such poppy straw warehoused and the removal of such poppy straw for sale or export inter-State or export from India; to levy fees for such warehousing and to prescribe the manner in which and the period after which the poppy straw warehoused shall be disposed of in default of payment of fees;
(b) provide that the limits within which licences may be given for the cultivation of any cannabis plant shall be fixed from time to time by or under the orders of the State Government;
(c) provide that only the cultivators licenced by the prescribed authority of the State Government shall be authorised to engage in cultivation of any cannabis plant;
(d) require that all cannabis, the produce of land cultivated with cannabis plant, shall be delivered by the cultivators to the officers of the State Government authorised in this behalf;
(e) empower the State Government to fix from time to time, the price to be paid to the cultivators for the cannabis delivered;
(f) prescribe the forms and conditions of licences or permits for the purposes specified in sub-clauses (i) to (vi) of clause (a) of sub-section (1) and the authorities by which such licences or permits may be granted and the fees that may be charged therefor.
1. Ins. by Act 16 of 2014, s. 5 (w.e.f. 1-5-2014).
2. Subs. by s. 5, ibid., for “manufactured drugs other than prepared opium” (w.e.f. 1-5-2014).
Simplified Explanation
Section 10 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) grants the State Government the authority to regulate and control certain activities related to narcotic drugs and psychotropic substances within the state, in accordance with the provisions of the Act.
Key Provisions
1. State Government’s Regulatory Powers (Section 10(1))
The State Government can, by rules, permit and regulate several activities related to narcotic drugs and psychotropic substances, subject to the provisions of Section 8 (prohibition of certain operations). These activities include:
- Possession, transport, import inter-State, export inter-State, warehousing, sale, purchase, consumption, and use of poppy straw (except from plants where no juice has been extracted).
- Possession, transport, import inter-State, export inter-State, sale, purchase, consumption, and use of opium.
- Cultivation of cannabis plants, and the production, manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption, or use of cannabis (excluding charas).
- Manufacture of medicinal opium or any preparation containing manufactured drugs.
- Possession, transport, purchase, sale, import inter-State, export inter-State, use or consumption of manufactured drugs, excluding prepared opium and essential narcotic drugs.
- Manufacture and possession of prepared opium for personal consumption by addicts registered with the State Government on medical advice.
The second proviso ensures that the government can legally handle narcotic drugs and substances under certain circumstances.
2. Specific Powers (Section 10(2))
The State Government may use its powers to regulate more specific actions, such as:
- Warehousing of poppy straw: The State Government can designate warehouses for storing poppy straw that is legally imported or intended for export, with regulations on the storage and removal of such materials.
- Licensing for cultivation of cannabis plants: The government can specify the limits for issuing licenses to cultivate cannabis plants and ensure that only licensed cultivators engage in such activities.
- Control over the sale and export of cannabis: The State can regulate the sale of cannabis and cannabis products by establishing conditions under which they can be sold, transported, and exported.
- Pricing for cannabis: The State Government may set prices to be paid to cultivators for cannabis delivered to authorized officers.
- Licensing for other narcotic and psychotropic substances: The government is empowered to issue licenses and permits for activities related to narcotic substances such as opium and manufactured drugs.
3. Conditions for Legal Possession and Distribution
- The State Government can regulate the sale and distribution of narcotic drugs and psychotropic substances through licenses or permits, ensuring only authorized persons or entities handle these substances.
- Import and export regulations: The State can set conditions for inter-State and international trade of these substances to prevent illegal trafficking.
Implications
- Local Enforcement and Compliance
The State Government has the responsibility for local enforcement of the NDPS Act and can implement stricter or more tailored rules to fit the state’s needs. - Control over Cannabis and Opium
While the cultivation of cannabis and opium poppies is strictly regulated, the State Government plays a role in controlling the legal supply of these substances for medicinal and other authorized purposes. - Public Health and Safety
The provisions allow the State Government to balance the legitimate medicinal use of narcotics with efforts to restrict illicit trade and misuse of these substances. - Coordination with Central Government
The State Government’s regulations must align with the central guidelines established under the NDPS Act but still allow for state-level flexibility in licensing and control.
Conclusion
Section 10 grants the State Government broad powers to regulate and control narcotic substances within its jurisdiction, ensuring public health and safety while accommodating legitimate medical needs. These provisions complement the broader goals of the NDPS Act, which aims to prevent the abuse of narcotic substances and ensure that they are used only for medical and scientific purposes under strict supervision.
